Fosche v. Union Traction Co.

Citations

• 108 Kan. 585
• 196 P. 423
• 1921 Kan. LEXIS 228

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Special Findings — Answers Do Not' Indicate Unfairness of Jury. Answers returned by a jury beyond what was called for by the questions submitted to them are held not to have indicated such a want of fairness a's to require a reversal.</p> <p>2. Street Railway — Negligence—Personal Injuries• — Finding of Jury Interpreted. In an action against a street-car company based upon the alleged negligence of a motorman in starting a car with a jerk while a passenger was attempting to alight, it is held that a finding by the jury that the defendant’s negligence consisted in an improper system of starting the car may be interpreted as referring to the improper manner in which the car was started in that particular instance.</p> <p>3. SamU — Excessive Verdict. The amount of the verdict is held to have been so large as to require a new trial upon that issue unless a reduction is accepted by the plaintiff.</p>